Bond set for Spartanburg businessman accused of sexually assaulting toddler

Published: Wednesday, April 3, 2013 at 3:48 p.m.

Last Modified: Wednesday, April 3, 2013 at 3:48 p.m.

A Circuit Court judge set a $125,000 bond and ordered electronic monitoring for a Spartanburg businessman accused of sexually assaulting a toddler during a two-year period.

Carl "Rusty" Fraley Jr., 65, of 189 Woodridge Drive, appeared before Judge Mark Hayes on Wednesday afternoon on two charges each of first-degree criminal sexual conduct with a minor and lewd act. The CSC charges each carry 25 years to life in prison.

State prosecutors have accused Fraley of sexually abusing a then 2-year-old girl, who turned 3 during the period of the alleged abuse. The child is now 4.

Fraley, who has been in jail since Friday, is the president of Fox Pools in Spartanburg and also has a home in Florida, said his attorney, Rick Vieth. Fraley has pleaded not guilty to the charges.

The S.C. Attorney General's Office is prosecuting the case at the request of the 7th Circuit Solicitor's Office because Fraley's son works for the Spartanburg County Sheriff's Office.

Assistant Attorney General Nancy Cote told Hayes that the alleged incidents occurred from Aug. 9, 2010, to May 12, 2012, at the homes of the victim and Fraley.

The child disclosed the sexual abuse to her parents and other adults after she turned 3 and became more verbal, Cote said. The child has exhibited behavioral changes, depression, anxiety and is withdrawn, the prosecutor said.

The child's father said he feels like he neglected his top priority as a parent, to protect his child. During the last couple of years, the father said he has witnessed his otherwise happy child become very reserved, anxious and depressed.

The child's mother said she feels like her child's life has been taken from her because the child can't be left unattended, even when around other children, and the child continues to have behavioral issues, although she is involved in counseling.

The child's mother asked Hayes to deny bond.

Vieth and Spartanburg attorney Ken Anthony represent Fraley, who they said has lived in Spartanburg for 38 years and has no prior criminal history. They asked for a $25,000 cash bond, which they said could be used to guarantee their client's appearance in court.

Vieth said Fraley is not a flight risk and has a business, with employees, and support from his family.

Vieth said he and Anthony were notified six or seven months ago about the allegations, but thought it had been thoroughly investigated and “nothing came from the investigation.”

“On Friday, we learned there was a bench warrant as a result of the indictments, and we tried to coordinate so Mr. Fraley could self report, which he did,” Vieth said.

Cote said the allegations are serious and carry a substantial prison sentence and prosecutors were aware that Fraley has a home in Florida, has a passport and means to travel great distances.

Hayes ordered Fraley to have no contact, directly or indirectly, with the victim or the victim's family, and Fraley must surrender his passport. Hayes ordered electronic monitoring for 60 days.

<p>A Circuit Court judge set a $125,000 bond and ordered electronic monitoring for a Spartanburg businessman accused of sexually assaulting a toddler during a two-year period.</p><p>Carl "Rusty" Fraley Jr., 65, of 189 Woodridge Drive, appeared before Judge Mark Hayes on Wednesday afternoon on two charges each of first-degree criminal sexual conduct with a minor and lewd act. The CSC charges each carry 25 years to life in prison.</p><p>State prosecutors have accused Fraley of sexually abusing a then 2-year-old girl, who turned 3 during the period of the alleged abuse. The child is now 4.</p><p>Fraley, who has been in jail since Friday, is the president of Fox Pools in Spartanburg and also has a home in Florida, said his attorney, Rick Vieth. Fraley has pleaded not guilty to the charges.</p><p>The S.C. Attorney General's Office is prosecuting the case at the request of the 7th Circuit Solicitor's Office because Fraley's son works for the Spartanburg County Sheriff's Office.</p><p>Assistant Attorney General Nancy Cote told Hayes that the alleged incidents occurred from Aug. 9, 2010, to May 12, 2012, at the homes of the victim and Fraley.</p><p>The child disclosed the sexual abuse to her parents and other adults after she turned 3 and became more verbal, Cote said. The child has exhibited behavioral changes, depression, anxiety and is withdrawn, the prosecutor said.</p><p>The child's father said he feels like he neglected his top priority as a parent, to protect his child. During the last couple of years, the father said he has witnessed his otherwise happy child become very reserved, anxious and depressed.</p><p>The child's mother said she feels like her child's life has been taken from her because the child can't be left unattended, even when around other children, and the child continues to have behavioral issues, although she is involved in counseling.</p><p>The child's mother asked Hayes to deny bond.</p><p>Vieth and Spartanburg attorney Ken Anthony represent Fraley, who they said has lived in Spartanburg for 38 years and has no prior criminal history. They asked for a $25,000 cash bond, which they said could be used to guarantee their client's appearance in court.</p><p>Vieth said Fraley is not a flight risk and has a business, with employees, and support from his family.</p><p>Vieth said he and Anthony were notified six or seven months ago about the allegations, but thought it had been thoroughly investigated and “nothing came from the investigation.”</p><p>“On Friday, we learned there was a bench warrant as a result of the indictments, and we tried to coordinate so Mr. Fraley could self report, which he did,” Vieth said.</p><p>Cote said the allegations are serious and carry a substantial prison sentence and prosecutors were aware that Fraley has a home in Florida, has a passport and means to travel great distances.</p><p>Hayes ordered Fraley to have no contact, directly or indirectly, with the victim or the victim's family, and Fraley must surrender his passport. Hayes ordered electronic monitoring for 60 days.</p>